The Jewish Ethicist: Fire When Ready?

What circumstances justify discharging a worker?

Q. I have a good worker but it just doesn't pay me to keep him on. Do I have any obligations to keep him on beyond what it says in the contract?

A. The secular laws on discharging workers vary widely. Many countries, and US states, have "employment at will"; in this regime, an employee can be discharged for any reason or no reason. Conversely, in other countries, and under most collective bargaining agreements, employees can only be discharged for cause.

Discussions on the Jewish law approach often center on the following Talmudic passage:

Runia was a tree planter for [the sage] Ravina. He caused damage [through carelessness in planting], and [Ravina] discharged him. [Runia] came [for a lawsuit] before [the judge] Rava. He said, Look what [Ravina] did to me! [Rava] said to him, he acted properly. [Runia] said, But he didn't give me advance warning! He said, he did not have to warn. Rava acted in this instance in accordance with his doctrine, for Rava said: Teachers, planters, slaughterers, blood-letters and scribes of the city are all considered to be forewarned. The general principle is, any time there is [the potential for] irrevocable loss, [the workers] are considered forewarned. (1)

The passage as it stands raises more questions than it resolves. What exactly was Runia's claim? Why was it rejected? What is special about these professions?

A tree planter would normally be hired, and paid, by the season. At the end of the planting season the contribution of the new trees would be assessed and the planter paid accordingly. However, due to some carelessness on Runia's part, Rava felt that there was an irrevocable loss and he didn't want to risk any further problems. Therefore, he sought to fire Runia in the middle of the season. This has significant adverse consequences because Runia now has to start looking for a new position, and furthermore most hires are at the beginning of the season and in mid-season work is hard to find. That is why Runia sought a legal judgment.

We can see that on the one hand Rava upheld the basic legal principle Runia had resort to. In normal circumstances, a worker may not be fired within the contract period, unless he has shown carelessness and also been warned. If a person makes a mistake at work, the proper course of action is to explain his misdeed and give him a chance to improve. However, certain professions require a very high degree of reliability. Any mistake is likely to involve an irrevocable loss. It is understood that in order to enforce this level, employees can be fired for misconduct even in the middle of the contract period.

Conversely, when the contract period is over there does not seem to be any inherent limitation on discharging a worker for any reason. Based on this passage and others, many observers are of the opinion that Jewish law adopts an "at-will" approach unless the contract or custom stipulates otherwise.( An exception is the great recent authority Rabbi Moshe Feinstein, who ruled that workers in general have a right to continued employment unless there is cause or their position is discontinued. (2) )

Jewish law generally recognizes secular law and custom as binding in employment law, so if there is a law, agreement or custom in your area or industry regarding discharging workers it should be observed. But in the absence of any special restrictions, Judaism views workers and employers alike as free actors. Employers are ethically bound to keep their word, so during the contract period workers shouldn't be discharged unless there is a good reason, and unless they are suitable recompensed. But once the contract period is over, employer and employee are alike entitled to reconsider their steps and find a new situation or renegotiate the old one.

In most cases the "contract period" would be the notice period written in the contract. If the agreement stipulates two months notice, then only misconduct could justify letting someone go within that period.

The letter of the law is not necessarily the same as thoughtful and prudent conduct, however. While the contract may say that two months notice is enough, most employers and employees develop mutual expectations of continued employment and of a degree of loyalty. It is usually a good policy, whenever possible, to give feedback to any worker before firing him or her for occasional underperformance, and to give advance notice in accordance with reasonable expectations and not only in accordance with written contracts.

About the Author

Rabbi Dr. Asher Meir is Research Director at the Business Ethics Center of Jerusalem (www.besr.org). He studied at Harvard, received a PhD in Economics from MIT, and rabbinic ordination from the Israeli Chief Rabbinate. Prior to moving to Israel, he worked at the Council of Economic Advisers in the Reagan administration. Rabbi Dr. Meir is also a Senior Lecturer in Economics at the Jerusalem College of Technology and has published several articles on business, economics and Jewish law. He is the author of the two-volume, "Meaning in Mitzvot (Feldheim), and his Aish.com columns form the basis of the "Jewish Ethicist" book (ktav.com).

I just got married and have an important question: Can we eat rice on Passover? My wife grew up eating it, and I did not. Is this just a matter of family tradition?

The Aish Rabbi Replies:

The Torah instructs a Jew not to eat (or even possess) chametz all seven days of Passover (Exodus 13:3). "Chametz" is defined as any of the five grains (wheat, spelt, barley, oats, and rye) that came into contact with water for more than 18 minutes. Chametz is a serious Torah prohibition, and for that reason we take extra protective measures on Passover to prevent any mistakes.

Hence the category of food called "kitniyot" (sometimes referred to generically as "legumes"). This includes rice, corn, soy beans, string beans, peas, lentils, peanuts, mustard, sesame seeds and poppy seeds. Even though kitniyot cannot technically become chametz, Ashkenazi Jews do not eat them on Passover. Why?

Products of kitniyot often appear like chametz products. For example, it can be hard to distinguish between rice flour (kitniyot) and wheat flour (chametz). Also, chametz grains may become inadvertently mixed together with kitniyot. Therefore, to prevent confusion, all kitniyot were prohibited.

In Jewish law, there is one important distinction between chametz and kitniyot. During Passover, it is forbidden to even have chametz in one's possession (hence the custom of "selling chametz"). Whereas it is permitted to own kitniyot during Passover and even to use it - not for eating - but for things like baby powder which contains cornstarch. Similarly, someone who is sick is allowed to take medicine containing kitniyot.

What about derivatives of kitniyot - e.g. corn oil, peanut oil, etc? This is a difference of opinion. Many will use kitniyot-based oils on Passover, while others are strict and only use olive or walnut oil.

Finally, there is one product called "quinoa" (pronounced "ken-wah" or "kin-o-ah") that is permitted on Passover even for Ashkenazim. Although it resembles a grain, it is technically a grass, and was never included in the prohibition against kitniyot. It is prepared like rice and has a very high protein content. (It's excellent in "cholent" stew!) In the United States and elsewhere, mainstream kosher supervision agencies certify it "Kosher for Passover" -- look for the label.

Interestingly, the Sefardi Jewish community does not have a prohibition against kitniyot. This creates the strange situation, for example, where one family could be eating rice on Passover - when their neighbors will not. So am I going to guess here that you are Ashkenazi and your wife is Sefardi. Am I right?

Yahrtzeit of Rabbi Moses ben Nachman (1194-1270), known as Nachmanides, and by the acronym of his name, Ramban. Born in Spain, he was a physician by trade, but was best-known for authoring brilliant commentaries on the Bible, Talmud, and philosophy. In 1263, King James of Spain authorized a disputation (religious debate) between Nachmanides and a Jewish convert to Christianity, Pablo Christiani. Nachmanides reluctantly agreed to take part, only after being assured by the king that he would have full freedom of expression. Nachmanides won the debate, which earned the king's respect and a prize of 300 gold coins. But this incensed the Church: Nachmanides was charged with blasphemy and he was forced to flee Spain. So at age 72, Nachmanides moved to Jerusalem. He was struck by the desolation in the Holy City -- there were so few Jews that he could not even find a minyan to pray. Nachmanides immediately set about rebuilding the Jewish community. The Ramban Synagogue stands today in Jerusalem's Old City, a living testimony to his efforts.

It's easy to be intimidated by mean people. See through their mask. Underneath is an insecure and unhappy person. They are alienated from others because they are alienated from themselves.

Have compassion for them. Not pity, not condemning, not fear, but compassion. Feel for their suffering. Identify with their core humanity. You might be able to influence them for the good. You might not. Either way your compassion frees you from their destructiveness. And if you would like to help them change, compassion gives you a chance to succeed.

It is the nature of a person to be influenced by his fellows and comrades (Rambam, Hil. De'os 6:1).

We can never escape the influence of our environment. Our life-style impacts upon us and, as if by osmosis, penetrates our skin and becomes part of us.

Our environment today is thoroughly computerized. Computer intelligence is no longer a science-fiction fantasy, but an everyday occurrence. Some computers can even carry out complete interviews. The computer asks questions, receives answers, interprets these answers, and uses its newly acquired information to ask new questions.

Still, while computers may be able to think, they cannot feel. The uniqueness of human beings is therefore no longer in their intellect, but in their emotions.

We must be extremely careful not to allow ourselves to become human computers that are devoid of feelings. Our culture is in danger of losing this essential aspect of humanity, remaining only with intellect. Because we communicate so much with unfeeling computers, we are in danger of becoming disconnected from our own feelings and oblivious to the feelings of others.

As we check in at our jobs, and the computer on our desk greets us with, "Good morning, Mr. Smith. Today is Wednesday, and here is the agenda for today," let us remember that this machine may indeed be brilliant, but it cannot laugh or cry. It cannot be happy if we succeed, or sad if we fail.

Today I shall...

try to remain a human being in every way - by keeping in touch with my own feelings and being sensitive to the feelings of others.

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